Patna High Court
TATA YADAV @ TATA KUMAR @ NITISH KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted to the appellants subject to conditions.
Summary
The appellants, four Yadav brothers, were charged under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman, abusing her by caste name, and stealing her gold earrings and nose ring. The FIR was lodged eight days after the alleged incident, and the Exclusive Special Judge had rejected their anticipatory bail application. The appellants contended that the case arose from a petty dispute, the delay cast doubt on the prosecution's version, and they had clean antecedents. The Special Public Prosecutor opposed bail. The Patna High Court, noting the nature of the accusation, the delay in filing the FIR, and the appellants' clean record, ordered that they be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties. Consequently, the appeal was allowed and the order rejecting anticipatory bail was set aside for the appellants.
Issues considered
- Whether the anticipatory bail granted to the appellants should be denied on the basis of the allegations under the SC/ST Act.
- Whether the delay of eight days in lodging the FIR affects the applicability of the SC/ST (Prevention of Atrocities) Act.
- Whether the nature of the alleged assault and theft justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 323, 341, 354(A), 379, 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- theft
- delay in FIR
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4949 of 2023
Arising Out of PS. Case No.-33 Year-2023 Thana- SC/ST District- Gaya
======================================================
1. Tata Yadav @ Tata Kumar @ Nitish Kumar S/O Birendra Yadav Village-
Pachanawam, Ps. Magadh University, Dist. Gaya
2. Mahendra Yadav S/O Keshwar Yadav Village- Pachanawam, Ps. Magadh
University, Dist. Gaya
3. Prince Yadav @ Prince Kumar S/O Mahendra Yadav Village- Pachanawam,
Ps. Magadh University, Dist. Gaya
4. Pankaj Yadav @ Ravi Kumar S/O Mahendra Yadav Village- Pachanawam,
Ps. Magadh University, Dist. Gaya
... ... Appellant/s
Versus
1. The State of Bihar
2. Kiran Devi W/O Rajesh Choudhary Village- Etara Tola Pachanawan, Ps.
Magadh University, Dist. Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Aryan Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-03-2026 Despite valid service of notice, none appears on
behalf of the respondent no. 2.
2. Heard learned counsel for the appellants and the
State.
3. This appeal has been filed against the order dated
22.07.2023 passed by learned Exclusive Special Judge, SC/ST
Spl Court, Gaya in ABP No. 250 of 2023 arising out of SC/ST
P.S. Case No. 33 of 2023 registered under Sections 323, 341,
354(A), 379, 504, 506/34 of the Indian Penal Code and Sections
Patna High Court CR. APP (SJ) No.4949 of 2023(4) dt.19-03-2026
2/3
3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of appellants has been rejected.
4. As per F.I.R., when informant went to fetch water
from water tank, appellant no. 1 stopped her from doing so.
Upon objection, these appellants abused informant by caste
name, assaulted her and snatched gold earrings and nose ring.
5. Learned counsel for the appellants submits that
appellants are innocent and have falsely been implicated in this
case. Due to petty dispute, altercation took place between the
parties. Allegation of assault is general and omnibus. F.I.R. has
been lodged after inordinate delay of about eight days which
itself raises doubt over veracity of the prosecution case. It is not
the case of informant that alleged incident occurred within
public view and as such, no case under SC/ST Act is made out
against the appellants. Rest of the allegations are ornamental
only to make the case grave. Appellants claim clean antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the nature of accusation, delay in
lodging the F.I.R. and clean antecedent, let the appellants, as
named above, in the event of their arrest/surrender within a
Patna High Court CR. APP (SJ) No.4949 of 2023(4) dt.19-03-2026
3/3
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, SC/ST Spl Court, Gaya in
ABP No. 250 of 2023 arising out of SC/ST P.S. Case No. 33 of
2023.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 22.07.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…